Appeal 2007-0838
Application 09/851,242
In light of the above, Appellants' contentions that Mancusi alone or in
combination with Bikson would not have taught or suggested the here
claimed two potting steps are not persuasive. In this regard, we note that the
Runkle Declaration of record that is referenced in the Reply Brief is not
persuasive in that the asserted use of o-rings for forming a seal would have
been reasonably understood by one of ordinary skill in the art as
representing an alternative or adjunct to the disclosed option of using an
adhesive or potting material between the housing (casing or shell) and the
potted tube bundle.6 It is instructive to note that the Runkle Declaration
does not address the relevant portions of the disclosure of Mancusi and
Bikson, as discussed above.
Furthermore, we are not persuaded by Appellants' arguments to the
extent that Appellants may be asserting that Mancusi is referring to yet
another embodiment wherein only a single potting step is employed when
the housing interior is bonded to the bundle ends; that is an embodiment
wherein a first potting step has not yet occurred at the time of the shell
casing bonding or potting step. In this regard, we note that Mancusi
reasonably would have suggested to one of ordinary skill in the art that a
6 The Examiner addressed the Runkle Declaration in the Examiner’s
Answer mailed March 29, 2005 (pp. 19-22). In this regard, we note that the
Runkle Declaration was not attached to the Brief and the Evidence Appendix
accompanying the Brief does not include the appropriate information with
respect to the Runkle Declaration as required by 37 C.F.R. § 41.37(c)(ix).
Thus, Appellants' criticism of the Examiner in the Reply Brief is unavailing
(Reply Br., 15, 16, 18, and 19). In any event and to the extent the Runkle
Declaration may be considered before us in light of the references thereto in
the Reply Brief, such evidence is not persuasive of reversible error in the
Examiner’s rejection for reasons stated herein.
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